CROATIA CRIMINAL CODE

GENERAL PART

CHAPTER EIGHT (viii) – CONFISCATION OF PECUNIARY GAIN, PUBLIC ANNOUNCEMENT OF JUDGMENT, LEGAL CONSEQUENCES OF CONVICTION, REHABILITATION, AMNESTY AND PARDON

Confiscation of Pecuniary Gain Acquired by a Criminal Offense
Article 82

(1) The court shall confiscate a pecuniary gain acquired by means of a criminal offense.

The confiscation (2) The confiscation of a pecuniary gain shall be ordered by a court decision establishing that a criminal offense has been committed. If it is impossible to seize in full or in part the pecuniary gain consisting of money, securities or objects, the court shall obligate the perpetrator of the criminal offense to pay the equivalent sum of money.

(3) The pecuniary gain shall also be confiscated if it is in possession of a third party on any legal ground and it has not been acquired in good faith.

(4) If an injured party has been granted his claim of ownership, the court shall confiscate only the part of the pecuniary gain which exceeds the granted claim.

(5) The court shall confiscate the pecuniary gain even if the injured party is instructed to claim his right in a civil action. If this is the case, the injured party may be reimbursed from the forfeited pecuniary gain if he has instituted a civil action within a period of six months from the date the decision establishing his right to reimbursement from the forfeited pecuniary gain became final.

(6) An injured party who, in the course of criminal proceedings, has not submitted a motion to realize his claim of ownership, he may request reimbursement from the forfeited pecuniary gain if he initiates a civil action within three months following the final decision on the forfeiture of the pecuniary gain, and not later than two years after the decision on the forfeiture of the pecuniary gain became final, or if, within three months from the day of finality of the decision establishing his right, he requests reimbursement.

CROATIA CRIMINAL CODE

GENERAL PART

CHAPTER EIGHT (viii) – CONFISCATION OF PECUNIARY GAIN, PUBLIC ANNOUNCEMENT OF JUDGMENT, LEGAL CONSEQUENCES OF CONVICTION, REHABILITATION, AMNESTY AND PARDON

Article 82

(5) The court shall confiscate the pecuniary gain even if the injured party is instructed to claim his right in a civil action. If this is the case, the injured party may be reimbursed from the forfeited pecuniary gain if he has instituted a civil action within a period of six months from the date the decision establishing his right to reimbursement from the forfeited pecuniary gain became final.

(6) An injured party who, in the course of criminal proceedings, has not submitted a motion to realize his claim of ownership, he may request reimbursement from the forfeited pecuniary gain if he initiates a civil action within three months following the final decision on the forfeiture of the pecuniary gain, and not later than two years after the decision on the forfeiture of the pecuniary gain became final, or if, within three months from the day of finality of the decision establishing his right, he requests reimbursement.

LAW on the Implementation of the Statute of the International Criminal Court and the Prosecution of Crimes against International Law of War and Humanitarian Law

VII. ENFORCEMENT OF JUDGEMENT AND OTHER DECISIONS OF THE INTERNATIONAL CRIMINAL COURT

Article 41

The Republic of Croatia shall admit the persons convicted to serve their sentence in accordance with a special agreement concluded separately in each individual case.

LAW on the Implementation of the Statute of the International Criminal Court and the Prosecution of Crimes against International Law of War and Humanitarian Law

VIII. PARTICIPATION OF THE REPUBLIC OF CROATIA IN THE WORK OF THE INTERNATIONAL CRIMINAL COURT

Article 42

(1) The representative of the Republic of Croatia at the Assembly of States Parties shall be determined by the Government of the Republic of Croatia.

(2) In addition to the representative mentioned in paragraph 1 above, one or more deputy representatives and experts on international criminal law may participate in the work of the Assembly.

(3) In accordance with the Statute and other documents of the ICC the Government of the Republic of Croatia shall ensure appropriate participation of the representatives of the Republic of Croatia in the work of other bodies of the ICC.

Article 43

(1) In the procedure for the election or appointment of judges or other officials or staff of the ICC, the Government of the Republic of Croatia shall publish an invitation to the eligible persons to apply within a defined period of time, if the election or appointment is carried out at the proposal of the States Parties and if the Government believes that the Republic of Croatia should propose a candidate.

(2) If it finds it appropriate, the Government of the Republic of Croatia will also publish the information about the upcoming election or appointment in the ICC when candidates are expected to apply to the ICC directly.

(3) In the case mentioned in paragraph 1 above the Government of the Republic of Croatia shall conduct the procedure in such a manner so as to secure its transparency, the possibility for governmental and non-governmental professional and humanitarian bodies and organisations, and the application of the highest professional and moral criteria.

(4) When the Statute or other document of the ICC prescribes a special procedure for the election or appointment, the Government of the Republic of Croatia shall conduct the procedure in this manner, applying the appropriate provisions of the domestic law analogously.